Sovereign Immunity derives from the medieval principle that “The King can do no wrong.” Prior to 1975, its application in Florida meant that the government could not be sued for damages caused by its wrongdoing. In that year, the Florida Legislature enacted Florida Statute 768.28, which allowed actions against the…
I have blogged here in the past that the 2011 Republican-controlled Florida Legislature seemed bound and determined to gut one of the state’s most important laws at holding vehicle manufacturers accountable for producing defective products. Although some within the legislature may have had this outcome as a goal, reasonable minds…
Personal injury cases against drunk drivers present positive opportunities for Plaintiff lawyers to seek punitive damages and recover enhanced compensatory damages (e.g., pain & suffering; lost wages). Punitive Damages The procedure for claiming punitive damages and the standards for holding a defendant liable for punitive damages are set forth in…
Florida’s dangerous instrumentality doctrine imposes vicarious responsibility upon the owner or other possessor of a motor vehicle who voluntarily entrusts it to another for any subsequent negligent operation which injures a member of the traveling public. Jackson v. Hertz Corporation, 590 So.2d 929, 937. See Kraemer v. General Motors Acceptance…
In its infinite, albeit, less than perfect wisdom, American jurisprudence places on the party asserting a claim the burden of proving the claim. In criminal and civil cases, the proponent must, to use a sports analogy, outscore the opponent in order to win. A tie or less is never a…
Through legal doctrines such as those pertaining to dangerous instruments (e.g., motor vehicles), principals & agents, and employers & employees, passive tortfeasors can be held liable for the active negligence of others. An active tortfeasor is the person whose negligence has caused an accident, while a passive tortfeasor is the…
The Fair Labor Standards Act (FLSA) authorizes piece rate pay. However, the Act also requires the payment of overtime wages for every piece rate hour over 40 worked weekly. 29 U.S.C. § 207(f) (2010). The overtime rate is determined by establishing the “regular rate of pay,” § 207(e) (2010), which…
The Fair Labor Standards Act (FLSA) is full of twists and turns. Here are just a few of them: On the Clock: With the everyday use of cellular phones, computers, emails, and text messaging, employers can find themselves facing claims for FLSA overtime wage claims for heretofore unexpected reasons. Employees…
Florida Statutes section 627.733, entitled Required Security, requires all motor vehicle owners to maintain “no-fault” automobile insurance covering, among other items, 80% of the insured’s own medical expenses. See §§ 627.733(1), (3)(a), 627.736(1)(a). The typical Florida PIP policy has a $10,000 coverage limit with deductibles of up to $2,000. From…
Florida Republicans have controlled the state’s legislature and Governor’s office (Jeb Bush (1998-2006); Charlie Crist (2006-2010); Rick Scott (elected in 2010)) for more than 10 years. Their time in power has seen a decline in the rights and protections afforded Florida’s elderly and infirm. Bad legislation and funding cuts are…